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gig workers, seiu file lawsuit alleging prop 22 is unconstitutional

AVATAR Megan Rose Dickey
Megan Rose Dickey
Senior Reporter, TechCrunch
January 12, 2021
gig workers, seiu file lawsuit alleging prop 22 is unconstitutional

A coalition of California rideshare drivers and the Service Employees International Union have initiated legal action, asserting that Proposition 22 is in conflict with the state’s constitution. The primary objective of this lawsuit is to invalidate Prop 22, which categorizes gig workers as independent contractors within California.

The legal challenge, submitted to California’s Supreme Court, contends that Prop 22 impedes the state legislature’s ability to establish and implement a workers’ compensation framework for gig workers. Furthermore, the suit alleges that Prop 22 breaches the constitutional principle requiring ballot measures to address a single subject, and also improperly defines the process for amending the measure itself. Currently, Prop 22 mandates a seven-eighths supermajority vote in the legislature for any amendments to be enacted.

“Each day, rideshare professionals such as myself face financial difficulties as companies like Uber and Lyft prioritize their own financial gains over our welfare,” stated Saori Okawa, a plaintiff in the case. “With Prop 22, they are not only disregarding our health and safety—they are also disregarding our state’s constitution. I am participating in this lawsuit because I believe it is the responsibility of our elected representatives to create our laws, not affluent executives who benefit from our work. I am certain the court will recognize Prop 22 as an attempt by corporations to seize power, and that Prop 22 will be remembered negatively alongside unconstitutional ballot measures like Prop 8 and Prop 187.”

This lawsuit represents the newest development in an ongoing dispute between gig workers and technology companies. Simultaneously, Uber and Lyft are considering the implementation of Prop 22-style legislation in other regions. Consistent with Uber and Lyft’s position against classifying gig workers as employees, both companies have indicated their intention to pursue comparable legislation in various locations both nationally and internationally.

Uber, Lyft and DoorDash could not be reached for an immediate response. However, the organization supporting Prop 22, Protect App Based Jobs & Services, released a statement to TechCrunch:

“Close to 10 million California voters—including a significant majority of app-based drivers—approved Prop 22 to safeguard driver independence while also providing unprecedented new protections,” explained Jim Pyatt, an Uber driver who advocated for Prop 22, in a statement. “Voters from across the political spectrum made their voices heard, passing Prop 22 by a substantial margin. Baseless lawsuits that attempt to overturn the clear decision of the voters will not succeed in the courts.”

#prop 22#gig workers#seiu#lawsuit#california#unconstitutional

Megan Rose Dickey

Megan Rose Dickey currently serves as a senior reporter for TechCrunch, where her reporting centers on topics such as the workforce, transit systems, and promoting diversity and inclusion within the technology sector. Prior to her work at TechCrunch, she dedicated two years to Business Insider, providing coverage of technology-based startups concentrating on the sharing economy, the Internet of Things, and the music business. She earned her degree in Broadcast and Digital Journalism from the University of Southern California in 2011. – See more at: https://www.crunchbase.com/person/megan-rose-dickey#sthash.ir4VFt2z.dpuf PGP fingerprint for email is: 2FA7 6E54 4652 781A B365 BE2E FBD7 9C5F 3DAE 56BD
Megan Rose Dickey